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Electoral and Referendum Regulations

SR 1909 No. 29 Regulations as made
Principal Regulations
Date of repeal 20 Mar 1912
Repealed by Superseded by Joint Electoral Rolls in the State of Tasmania Regulations (SR 1912 No. 67)

STATUTORY RULES.

1909. No. 29.

 

REGULATIONS RELATING TO JOINT ELECTORAL ROLLS IN THE STATE OF TASMANIA.

WHEREAS pursuant to the Commonwealth Electoral Acts 1902–1905 and the Electoral Act 1907 of the State of Tasmania, the Governor-General of the Commonwealth of Australia has entered into an arrangement with the Governor of the said State for the preparation, alteration, and revision jointly of Commonwealth and House of Assembly Electoral Rolls in the said State:

AND WHEREAS it is desirable for the purpose of carrying the said arrangement into effect for the Governor-General and the Governor of the said State to respectively make Regulations under the said Acts:

NOW THEREFORE I, the Governor-General, acting with the advice of the Federal Executive Council, do hereby make the following Regulations under the Commonwealth Electoral Acts 1902–1905 to the intent that they shall have force in relation to the joint Rolls to be prepared and kept in the State of Tasmania in pursuance of the said recited arrangement:

AND I, the Governor of the State of Tasmania, acting with the advice of the State Executive Council, do hereby make the following Regulations under the Electoral Act 1907 of the said State to the intent that they shall have full force in relation to the joint Roils to be prepared and kept in the State of Tasmania in pursuance of the said recited arrangement.

Dated the ninth day of March, One thousand nine hundred and nine.

DUDLEY,

Governor-General.

By command of His Excellency the Governor-General—

HUGH MAHON,

Minister of State for Home Affairs.

Dated the twelfth day of March, One thousand nine hundred and nine.

G. STRICKLAND,

Governor of the State of Tasmania.

By command of His Excellency the Governor of Tasmania—

J. W. EVANS,

Chief Secretary.

 

Definitions.

1. In these regulations—

“The Minister” means the Minister administering the Commonwealth Electoral Acts 1902–1905 or the Minister administering the Electoral Act 1907 (Tasmania), as the case requires.


“The Returning Officer” means the Returning Officer for the Commonwealth Division and the House of Assembly District, or either, as the case requires.

“The Electoral Registrar” means the Electoral Registrar for the Commonwealth Subdivision and the House of Assembly Subdistrict or either as the case requires.

“Division” includes District, and “Subdivision” includes Subdistrict unless the contrary intention appears.

Change of Electors from One Roll to another by Direction of the Minister.

2. (I.) When any directions are issued by the Minister in accordance with Section 28 of the Commonwealth Electoral Acts 1902–1905 for the change of electors from one Roll to another, effect shall be given to these directions by removing the names of the electors from the Roll from which they are changed and by inserting the names so removed on the Roll to which they are changed.

(II.) Notice of the change shall be sent by post to each elector concerned.

(III.) A notification of change of electors from one Roll to another, under the provisions of Section 26 of the Commonwealth Electoral Acts 1902–1905 may be in the following form:—

Commonwealth of Australia.

State of Tasmania.

Change of Electors from one Roll to another under the Provisions of Section 26 of the Commonwealth Electoral Acts 19021905.

To—

You are hereby informed that your name has been removed from the Roll for the                      Subdivision of the Electoral Division of                            as an elector for the Commonwealth and has been placed on the Roll for the Subdivision of the Electoral Division of

Electoral Registrar for the                 Subdivision.

Dated the              day of              19        .

(IV.) Where—

(a) A Subdivision is abolished and the Minister directs that all electors whose names are on the Roll for that Subdivision shall be changed to one other Subdivision Roll; or

(b) the boundaries of a Division are altered and any Subdivision becomes changed from one Division to another Division and all electors, whose names are on the Roll for the Subdivision become changed from the Roll for that Subdivision to one Subdivision Roll for the other Division;

public notice of the change may be given, in the Commonwealth, Gazette and in some newspaper circulating in the part affected, and in that case the notice specified in paragraph (II) of this regulation need not be given.


Form of Joint Roll.

Com. s. 29.

Tas. s. 19.

3. (I.) The Roll to be used jointly for Commonwealth elections and also for State elections for the House of Assembly may be in the following form, and shall contain the particulars indicated therein:—

Commonwealth of Australia

State of Tasmania.

Electoral Roll.

Commonwealth Division of [here insert name of Division].

State Assembly District of [here insert name of District].

Roll of Electors for the Commonwealth Subdivision and State Subdistrict of [here insert name of Subdivision (Subdistrict)].

No., Name in Full, Place of Living, Occupation, and Sex of each Elector.

[Here follow names, &c.]

Footnotes.

* Not enrolled on this Roll as a House of Assembly Elector.

o Not enrolled on this Roll as a Commonwealth Elector.

M signifies Male.                                      F signifies Female.

(II.) Where a person whose name is, on the joint Roll is not enrolled thereon as a House of Assembly elector, an asterisk (*) shall be placed against his name to indicate that he is not so enrolled.

(III.) Where a person whose name is on the joint Roll is not enrolled thereon as a Commonwealth elector, a circle (o) shall be placed against his name to indicate that he is not so enrolled.

Sale of Electoral Rolls.

4. (I.) The prices at which Rolls are sold shall be as follow:—

 

s.

d.

Principal Roll for a Division (District)...................................................

2

0

Principal Roll for a Subdivision (Subdistrict)........................................

0

6

Supplemental Roll for a Division (District)...........................................

0

6

Supplemental Roll for a Subdivision (Subdistrict).................................

0

3

(II.) Moneys received from the sale of joint Rolls shall be divided equally between the Commonwealth and the State.

Rolls to be open to Public Inspection.

Com. s. 35 (2).

Tas. s. 26 (2).

5. Every Roll kept by an Electoral Registrar shall be open to public inspection, without fee, at the Office of the Registrar, at all convenient times during his ordinary office hours.

Claim for Enrolment for the Commonwealth and the House of Assembly.

6. A claim for enrolment, shall be valid for the Commonwealth notwithstanding it contains a claim for enrolment for both the Commonwealth and the House of Assembly, and a claim for enrolment shall be valid for the House


of Assembly notwithstanding it contains a claim for enrolment for both the House of Assembly and the Commonwealth. Any such claim may be in the following form:—

Form to be used by a Person qualified for Enrolment for both the Commonwealth and the House of Assembly.

Com. s. 56.

Tas. s. 29.

Commonwealth of Australia.

State of Tasmania.

Electoral Claim.

Electoral Division (District) of

To the Electoral Registrar for the                                                                     Subdivision (Subdistrict).

I claim to have my name placed on the Electoral Roll for the above-mentioned Subdivision (Subdistrict) as an elector for the Commonwealth and the House of Assembly of Tasmania.

1. I am a natural born/naturalized subject of the King.

2. I am not under twenty-one years of age.

3. I am an inhabitant of Australia. I have lived in Tasmania for six months continuously and live in the above-mentioned Subdivision (Subdistrict).

4. I am not, to the best of my knowledge, enrolled as an Elector for the Commonwealth or as an Elector for the House of Assembly of Tasmania.

Surname—

Christian names at full length—

Place of living—

Occupation—

Sex—

Usual Signature—

Dated the                                                     day of                                                    19           .

Strike out natural born or naturalized as the case requires.

Notes.

(a) The names and boundaries of the Commonwealth Electoral Divisions and the House of Assembly Electoral Districts are identical. The names and boundaries of the Commonwealth Electoral Subdivisions and the House of Assembly Electoral Subdistricts are identical.

(b) If a claimant is qualified to be enrolled as an elector for the Commonwealth, but not as an elector for the House of Assembly of Tasmania, or vice versâ, he must not use this Form, but should complete and lodge with the Electoral Registrar a Commonwealth claim for enrolment or a House of Assembly claim for enrolment, as the case requires.

(c) A map of the Commonwealth Division (House of Assembly District) and a map of the Commonwealth Subdivision (House of Assembly Subdistrict) may be inspected at any Post Office and at the office of the Electoral Registrar.

(d) An elector may only have his name placed upon a Roll for the Subdivision (Subdistrict) in which he lives. Electoral forms for public use may be obtained at any Post Office.

Text Box: Received (date).
Registered (date).
Initials of Registrar—

Claim for Enrolment for the Commonwealth only.

7. A claim for enrolment for the Commonwealth only may be in the following form:—

Commonwealth of Australia.

The Commonwealth Electoral Acts 1902–1905.

Electoral Claim.

Com. s. 56.

State of Tasmania.

Division of [here insert name of Division].

To the Electoral Registrar for the                                                                     Subdivision.

I claim to have my name placed on the Electoral Roll for the                                          subdivision of the above Division.

1. I am a natural born/naturalized subject of the King.

2. I am not under twenty-one years of age.

3. I am an inhabitant of Australia, and have lived therein for six months, and live in the above Subdivision.


4. My name is not, to the best of my knowledge, on any Electoral Roll.

Surname—

Christian names at full length—

Place of living—

Occupation—

Sex—

Usual Signature—

Dated the                          day of                                      19        .

Strike out natural born or naturalized as the case requires.

Notes.

(a) This form should be used by a person entitled to enrolment as an elector for the Commonwealth only. A person entitled to enrolment both as an elector for the Commonwealth and the House of Assembly should use a joint form of claim, which can be obtained at any Post Office.

(b) A map of the Commonwealth Division and of the Subdivision may be inspected at any Post Office and at the office of the Electoral Registrar.

(c) An elector may only have his name placed upon a Roll for the Subdivision in which he lives.

Electoral Forms for public use may be obtained at any Post Office.

Text Box: Received (date).
Registered (date).
Initials of Registrar—

Claim for Enrolment for the House of Assembly only.

8. A claim for enrolment for the House of Assembly only may be in the following form:—

The Electoral Act 1907.

House of Assembly.

Electoral Claim.

Tas. s. 29.

Electoral District of—[here insert name of District]

To the Electoral Registrar for the                                                         Subdistrict.

1. I claim to have my name placed on the Electoral Roll for the                          Subdistrict of the above District.

2. I am not under the age of twenty-one-years.

3. I am a natural born (or naturalized) subject of the King.

4. I am an inhabitant of Tasmania, and have lived therein for six months, and live in the above Subdistrict.

5. My name is not on the Electoral Roll for any other Electoral District.

Surname—

Christian names in full—

Place of living—

Occupation—

Usual signature—

Dated the                                      day of                                      19        .

Notes.

(a) This form should be used by a person entitled to enrolment as an elector for the House of Assembly only. A person entitled to enrolment both as an elector for the Commonwealth and the House of Assembly should use a joint form of claim, which can be obtained at any Post Office.

(b) A map of the House of Assembly District and of the Subdistrict may be inspected at any Post Office and at the office of the Electoral Registrar.

(c) An elector may only have his name placed upon a Roll for the Subdistrict in which he lives.

Electoral Forms for public use may be obtained at any Post Office.

Text Box: Received (date).
Registered (date).
Initials of Registrar—


Rejection of Claim for Enrolment.

9. (I.) If the Electoral Registrar is not satisfied that any claimant is entitled to be enrolled he shall transmit the claim to the Returning Officer with such observations relating to it as he thinks proper.

(II.) The Returning Officer shall thereupon, after making such inquiry (if any) as he thinks fit to make, decide the claim.

(III.) If the Returning Officer decides not to enrol the claimant pursuant to the claim he shall give notice to the claimant of his decision. The notice may be in the following form:—

Com. s. 57.

Tas. s. 30.

Commonwealth of Australia.

State of Tasmania.

Commonwealth Electoral Acts 1902–1905 ; Electoral Act 1907 (Tasmania).

Notice of Rejection of Claim for Enrolment.

To—

Notice is hereby given that I have decided not to enrol your name on the Electoral Roll for the—[here insert Commonwealth Division and House of Assembly District of (or either), as the case requires]—because I am not satisfied as to—[here state matters as to which the Returning Officer is not satisfied].

You are entitled, at any time within one calendar month after the receipt of this notice, to appeal to a Court of Summary Jurisdiction (Court of Petty Sessions) for an order directing that your name may be added to the Roll.

Returning Officer for the Division (District) of

Dated the                                      day of                                      19        .

Application to Transfer for the Commonwealth and the House of Assemble, or either.

10. An application to transfer from one Division to another Division may contain an application to transfer from one District to another District, and an application to transfer from one District to another District may contain an application to transfer from one Division to another Division, and any such application may be in the following form:—

To be used by an Elector enrolled for the Commonwealth and the House of Assembly, or either,

Commonwealth of Australia.

State of Tasmania.

Application to Transfer from one Electoral Division (District) to Another Electoral Division (District).

To the Electoral Registrar for the                                 Subdivision (Subdistrict).

Electoral Division (District) of—

I hereby apply to have my name transferred to the Electoral Roll for the Subdivision (Subdistrict) of the Electoral Division (District) of—

Com. s. 59.

Tas. s. 32.

1. I formerly lived at—[here insert previous place of living]—in the Electoral Division (District) of—

2. I am enrolled for the Subdivision (Subdistrict) as an elector for the Commonwealth and House of Assembly.

3. I have bonâ fide changed my place of living, and lived in the Electoral Division (District) of for not less than one month.

Note. If the elector is enrolled for the Commonwealth only, he should strike out the words “and House of Assembly,” together with the words “District” and “Subdistrict” wherever they appear. If he is enrolled for the House of Assembly only, he should strike out the words “Commonwealth and,” together with the words “Division” and “Subdivision” wherever they appear.

Surname—

Christian names at full length—

Present place of living—

Occupation—

Sex—

Usual Signature—

Dated the                          day of                          19        .
I, the undersigned, an elector or person qualified to be an elector for the Commonwealth and the House of Assembly of Tasmania, certify that I have seen the above-named applicant sign the above application, and that I am satisfied that the statements therein contained are true.

Signature of Witness—

Address—

Notes.

(a) Under the Commonwealth law any person who witnesses this application without being personally acquainted with the facts or satisfying himself by inquiry from the applicant or otherwise that the statements contained in the application are true, is guilty of an offence, and liable to a penalty of £50.

(b) The names and boundaries of the Commonwealth Electoral Divisions and the House of Assembly Electoral Districts are identical. The names and boundaries of the Commonwealth Electoral Subdivisions and the House of Assembly Electoral Subdistricts are identical.

(c) A map of the Commonwealth Division (House of Assembly District) and a map of the Commonwealth Subdivision (House of Assembly Subdistrict) may be inspected at any Post Office and at the office of the Electoral Registrar.

(d) An elector may only have his name placed upon the Roll for the Subdivision (Subdistrict) in which he lives.

Electoral forms for public use may be obtained at any Post Office.

Text Box: Received (date).
Registered (date).
Initials of Registrar—

Notification of Transfer for the Commonwealth and the House of Assembly, or either.

Com. s. 61.

Tas. s. 84 (III.).

11. A notification of transfer from one Electoral Division (District) to another Electoral Division (District) may be in the following form:—

To be used by the Electoral Registrar when notifying the Transfer of an Elector enrolled for the Commonwealth and the House of Assembly, or either.

Commonwealth of Australia.

State of Tasmania.

Notification of Transfer from one Electoral Division (District) to another Electoral Division (District).

To the Electoral Registrar for the                                             Subdivision (Subdistrict), Electoral

Division (District) of

You are hereby informed that                              who was formerly on the Roll for the                                      Subdivision (Subdistrict) of the Electoral Division (District) of                                   , having complied with the requirements of the law, has been enrolled for this Subdivision (Subdistrict) of the Electoral Division (District) of                           as an elector for the Commonwealth and House of Assembly.

You are requested to remove such name from the Roll for the                            Subdivision (Subdistrict) of the Electoral Division (District) of

Electoral Registrar for the             Subdivision (Subdistrict), Electoral Division (District) of

Dated the                                      day of                                      19        .

Note.—If the elector is enrolled for the Commonwealth only, the words “and House of Assembly,” together with the words “District” and “Subdistrict” wherever they appear, should be struck out. If he is enrolled for the House of Assembly only, the words “Commonwealth and,” together with the words “Division” and “Subdivision” wherever they appear, should be struck out.

Text Box: Received (date).
Name removed (date).
Initials of Registrar—
Application to Change for the Commonwealth and the House of Assembly, or either.

12. An application to change from one Subdivision (Subdistrict) to another Subdivision (Subdistrict) within the same Electoral Division (District) may be in the following form:—

To be used, by an Elector enrolled for the Commonwealth and the House of Assembly of Tasmania, or either.

Commonwealth of Australia.

State of Tasmania.

Electoral Division (District) of—

Application to change from one Subdivision (Subdistrict) to another Subdivision (Subdistrict) within the same Electoral Division (District).

To the Electoral Registrar for the                          Subdivision (Subdistrict).

Com. s. 61a (2).

Tas. 35 (2).

I hereby apply to have my name changed from the Electoral Roll for the                        Subdivision (Subdistrict) to the Electoral Roll for the                                              Subdivision (Sub-district) within the same Electoral Division (District) and within which last-mentioned Subdivision (Sub-district) I now live.

I am enrolled for the                                 Subdivision (Subdistrict) as an elector for the Commonwealth and House of Assembly.

Note.—If the elector is enrolled for the Commonwealth only, he should strike out the words “and House of Assembly,” together with the words “District” and “Subdistrict” wherever they appear. If he is enrolled for the House of Assembly only, he should strike out the words “Commonwealth and,” together with the words “Division” and “Subdivision” wherever they appear.

Surname—

Christian names at full length—

Present place of living—

Occupation—

Sex—

Usual Signature—

Dated the                          day of                          19        .

I, the undersigned, an elector or person qualified to be an elector for the Commonwealth and the House of Assembly of Tasmania, certify that I have seen the above-named applicant sign the above application, and that I am satisfied that the statements therein contained are true.

Signature of Witness—

Address—

Notes.

(a) Under the Commonwealth law any person who witnesses this application without being personally acquainted with the facts or satisfying himself by inquiry from the applicant or otherwise that the statements contained in the application are true, is guilty of an offence and liable to a penalty of £50.

(b) The names and boundaries of the Commonwealth Electoral Divisions and the House of Assembly Electoral Districts are identical. The names and boundaries of the Commonwealth Electoral Subdivisions and the House of Assembly Electoral Subdistricts are identical.

(c) A map of the Commonwealth Division (House of Assembly District) and a map of the Commonwealth Subdivision (House of Assembly Subdistrict) may be inspected at any Post Office, and at the office of the Electoral Registrar.

(d) An elector may only have his name placed upon the Roll for the Subdivision (Subdistrict) in which he lives.

Electoral forms for public use may be obtained at any Post Office.

Text Box: Received (date).
Registered (date).
Initials of Registrar—
Notification of Change for the Commonwealth and the House of Assembly, or either.

13. A notification of change from one Subdivision (Subdistrict) to another Subdivision (Subdistrict) within the same Electoral Division (District) may be in the following form:—

Com. s. 61a (4).

Tas. s 35 (4). (III.).

To be used by the Electoral Registrar when notifying the change of an Elector enrolled for the Commonwealth and the House of Assembly of Tasmania, or either.

Commonwealth of Australia.

State of Tasmania.

Electoral Division (District) of—

Notification of Change from one Subdivision (Subdistrict) to another Subdivision (Subdistrict) within the same Electoral Division (District).

To the Electoral Registrar for the                                 Subdivision (Subdistrict).

You are hereby informed that                  who was formerly on the Roll for the              Subdivision (Subdistrict), having complied with the requirements of the law, has been enrolled for this Subdivision (Subdistrict) as an elector for the Commonwealth and House of Assembly.

You are requested to remove such name from the Roll for the                Subdivision (Subdistrict).

Electoral Registrar for the                    Subdivision (Subdistrict).

Dated this                         day of                          19        .

Note.if the elector is enrolled for the Commonwealth only, the words “and House of Assembly,” together with the words “District” and “Subdistrict” wherever they appear, should be struck out. If he is enrolled for the House of Assembly only, the words “Commonwealth and,” together with the words “Division” and “Subdivision” wherever they appear, should be struck out.

Text Box: Received (date).
Name removed (date).
Initials of Registrar—

Rejection of Application to Transfer or Change.

13a. (I.) Where an application to transfer or change has been transmitted by a Registrar to a Returning Officer, and the Returning Officer is satisfied that the action taken on the application amounts to a rejection of the application in whole or in part he shall give notice to the applicant of the rejection. The notice may be in the following form:—

Com. s. 61 and s. 61a (4).

Tas. s. 34 (II.) and s. 35 (4) (II.).

Commonwealth of Australia.

State of Tasmania.

Notice of Rejection of Application to Transfer or Change.

To—

Notice is hereby given that your application to transfer or change your name from the Roll for the                    Subdivision (Subdistrict) to the Roll for the                             Subdivision (Subdistrict) has been rejected wholly or in part on the following grounds:—[Here set out grounds.]

[Here outline, if the facts render it desirable, any appropriate action which may be taken by the applicant to correct any error or to obtain enrolment or to obtain additional enrolment.]

Returning Officer for the Division (District) of

Dated the                          day of                          19        .

(II.) Action taken on an application shall be deemed to amount to a rejection of the application in whole if no enrolment is made pursuant to the application, and to amount to a rejection of the application in part if the enrolment made pursuant to it is not wholly in accordance with the application.


Correction of Erroneous Statement in an Application to “Transfer” or “Change.”

Com. s. 61 and s. 61a (4).

Tas. s. 34 (II.) and s. 35 (4) (II.)

13b. An Electoral Registrar who receives a notification from another Electoral Registrar which indicates that an elector or other person has lodged an application to “transfer” or “change” containing an erroneous statement as to his enrolment shall notify the Electoral Registrar from whom he received the notification of the facts. The advice may be in the following form:—

Commonwealth of Australia.

State of Tasmania.

Electoral Division (District) of—

Notification in Relation to an Erroneous Statement as to Enrolment made by a Person Lodging an Application to “Transfer” or “Change.”

To the Electoral Registrar for the              Subdivision (Subdistrict).

The notification of “transfer” or “change” received from you in relation to the undermentioned person—[here set out the name in full of the person and the other particulars in relation to his enrolment appearing in the notification]—dated                19 , indicates that the application to “transfer” or “change” lodged with you is incorrect in the following particulars:—[Here set out the facts.]

Electoral Registrar for the                Subdivision (Subdistrict).

Dated the                          day of                          19        .

Note.if the notification relates to a transfer the Electoral Registrar should strike out the words “or change,” and if it relates to a change he should strike out the words “transfer or,”

Application for Alteration or Correction for the Commonwealth and the House of Assembly, or either.

14. An application by an Elector for an alteration or correction required in the Commonwealth and the House of Assembly Roll, or either, may be in the following form:—

Com. s. 62 (1) (a) and (b).

Tas. s. 36 (1) (I. and II.).

Commonwealth of Australia.

State of Tasmania.

Electoral Division (District) of—

Subdivision (Subdistrict) of—

Application for Alteration or Correction in the Commonwealth and House of Assembly Electoral Roll, or either.

To the Electoral Registrar for the                          Subdivision (Subdistrict).

Name and Particulars as appearing in Roll.

No.

Surname.

Christian names at full length.

Place of living.

Occupation.

Sex.

 

 

 

 

 

 

In place of the above please substitute the following:—

No.

Surname.

Christian names at full length.

Place of living.

Occupation.

Sex.

 

 

 

 

 

Signature of the Elector—

Dated the                                 day of                          19        .


I the undersigned, an elector or person qualified to be an elector for the Commonwealth and the House of Assembly of Tasmania, certify that I have seen the above-named, applicant sign the above application, and that I am satisfied that the statements therein contained are true.

Signature of Witness—

Address—

Note.—Under the Commonwealth law any person who witnesses this application without being personally acquainted with the facts or satisfying himself by inquiry from the applicant or otherwise that the statements contained in the application are true, is guilty of an offence and liable to a penalty of £50.

Electoral forms for public use may be obtained at any Post Office.

Text Box: Received (date).
Registered (date).
Initials of Registrar—

Notice of Objection by an Elector or Officer not being an Electoral registrar.

15. A notice of objection lodged by an elector or officer not being an Electoral Registrar in respect of a name on the Roll as that of an elector for the Commonwealth and the House of Assembly, or either, may be in the following form:—

Com. s. 67.

Tas. s. 42.

To be used by an Elector for the same Electoral Division (District) or an Officer not being an Electoral Registrar when lodging an objection in respect of a name on the Roll as that of an Elector for the Commonwealth, and House of Assembly, or either.

Commonwealth of Australia.

State of Tasmania.

Notice of Objection.

To the Returning Officer for the Electoral Division (District) of—

I object to the name of—[here insert name, place of living, and occupation of person objected to, as appearing on the Roll] being retained on the Electoral Roll for the Commonwealth Electoral Division and the House of Assembly Electoral District of                  , on the ground that—[here insert grounds of objection].

Signature—

Occupation—

Address—

Dated the              day of              19        .

Notes.

(a) The names and boundaries of the Commonwealth Electoral Divisions and the House of Assembly Electoral Districts are identical.

(b) If an objection is lodged in respect of the name of a person as an elector for the Commonwealth but not as an elector for the House of Assembly, or vice versâ, the words “and the House of Assembly Electoral District” or the words “the Commonwealth Electoral Division and,” as the case requires, should be struck out.


Notice of Objection by an Electoral Registrar.

16. A notice of objection lodged by an Electoral Registrar in respect of a name on the Roll as that of an elector for the Commonwealth and the House of Assembly, or either, may be in the following form:—

To be used by an Electoral Registrar when lodging objections in respect of names on the Roll as these of Electors for the Commonwealth and House of Assembly of Tasmania, or either.

Com. s. 69.

Tas. s. 44.

Commonwealth of Australia.

State of Tasmania.

Notice of Objection.

To the Returning Officer for the Electoral Division (District) of—

I object to the undermentioned names being retained on the Electoral Roll for the Commonwealth Electoral Division and the House of Assembly Electoral District of—

Electoral Registrar for the                            Subdivision (Subdistrict).

Dated the                          day of                          19        .

Person Objected to.

Occupation.

Place of living as appearing in Roll.

Last known place of abode.

Ground of objection.

Registrar’s initials.

Surname.

Christian names at full length.

 

 

 

 

 

 

 

Notes.

(a) The names and boundaries of the Commonwealth Electoral Divisions and the House of Assembly Electoral Districts are identical.

(b) If an objection is lodged in respect of the name of a person as an elector for the Commonwealth but not as an elector for the House of Assembly, or vice versa, the words “and the House of Assembly Electoral District” or the words “the Commonwealth Electoral Division and,” as the case requires, should be struck out.

 

Indorsement by Returning Officer.

(1) Notice of objection posted by Returning Officer to person objected to—

(2) Date of expiration of period allowed for answer to objection—

(3) Answers received from—

Notification to Electoral Registrar for the                         Subdivision (Subdistrict).

(A) Objections sustained, excepting as to the following names, viz.:—

(B) You are hereby required to forthwith remove from the Roll as—[here insert Commonwealth and House of Assembly electors or Commonwealth electors only, or House of Assembly electors only, as the case requires]—all the names appearing on the within list of objections, with the exception of these mentioned in the foregoing paragraph (A), in which case the objections have not been sustained.

Returning Officer for the Electoral Division (District) of—

Dated the                          day of                          19        .


Notice to Person Objected to as an Elector for the Commonwealth and the House of Assembly, or either.

17. (I.) The notice to be forwarded by the Returning Officer to a person whose name has been objected to as that of an elector for the Commonwealth and the House of Assembly, or either, may be in the following form:—

Com. s. 70.

Tas. s. 45.

To be used by the Returning Officer in notifying an elector that an objection has been lodged to the retention of his name on the Roll as an elector for the Commonwealth and House of Assembly, or either.

Commonwealth, of Australia.

State of Tasmania.

Notice of Objection to Person objected to.

To—

Notice is hereby given that an objection has been lodged with me by—[here set out name and description of objector]—objecting to your name being retained on the Electoral Roll for the Electoral Division (District) of—[here insert name of Electoral Division (District)]—as an elector for the Commonwealth and House of Assembly on the following grounds namely:—[Here state grounds of objection.]

You are entitled at any time within twenty days from the posting of this notice to answer the objection either orally or in writing.

If you intend to answer the objection orally, you should attend at my office at               between the hours of               and                  on some day before the expiration of twenty days from the posting of this notice.

If you intend to answer the objection in writing, you should, before the expiration of twenty days from the posting of this notice, send to me by post or deliver at my office a statement in writing to show that the objection is not good.

If you answer the objection notice of the decision on the objection will be sent to you.

If you fail to answer the objection within twenty days from the posting of this notice, the objection will be determined and your name may be struck off the Roll, but no notice of the decision on the objection will be sent to you.

Returning Officer for the Electoral Division (District) of—

Dated the                                      day of                                      19        .

Note.If the elector is enrolled for the Commonwealth only, the words “and House of Assembly,” together with the word “District” wherever they appear, should be struck out. If he is enrolled for the House of Assembly only, the words “Commonwealth and,” together with the word “Division” wherever they appear, should be struck out.

(II.) Where the form of notice specified in this Regulation has been used, the Returning Officer need only send notice of his decision under Regulation 20 to the following persons:—

(a) To a person who has answered an objection in the prescribed manner; and

(b) To an objector who is not an Electoral Registrar.

(III.) Where an objector is an Electoral Registrar, notice of the decision on the objection may be sent to him in such form as the Returning Officer thinks fit to use subject to any authorized direction and such notice may contain a, direction for the removal of an elector’s name from the Roll for the Commonwealth and the House of Assembly, or either, as the case requires, when an objection has been sustained.


Manner of Answering Objection.

Com. s. 71.

Tas. s. 46.

18. Any person against whom an objection has been lodged or made as an elector for the Commonwealth and the House of Assembly, or either, may answer the objection as follows:—

(a) By attending before the Returning Officer at the place mentioned in the notice sent by the Returning Officer to him, and making an oral statement to show that the objection is not good ; or

(b) by sending by post or delivering to the Returning Officer at his office a statement, in writing, to show that the objection is not good.

Inquiry into Objection.

Com. s. 72 (1).

Tas. s. 47 (1).

19. Before determining any objection the Returning Officer may make such inquiries as he thinks necessary to ascertain the facts in relation to the objection.

Notice of Determination of Objection.

Com. s. 72 (1).

Tas. s. 47 (1).

20. The Returning Officer shall send notice of his decision to the objector and (where the person objected to has answered the objection within the time limited) to the person objected to. The notice may be in the following form:—

To be used in notifying the determination of an objection lodged to the retention of a person’s name on the Roll as an elector for the Commonwealth and House of Assembly, or either.

Commonwealth of Australia.

State of Tasmania.

Notice of Determination of Objection.

To—

Notice is hereby given that I have considered the objection lodged by—[here set out the name of objector]—to the retention of the name of—[here set out name of person objected to]—on the Roll for the Electoral Division (District) of                        , and have decided (a) to remove the said name from the said Electoral Roll as that of an elector for the Commonwealth and House of Assembly; (b) to dismiss the objection.

Note.Strike out sub-paragraph (a) or sub-paragraph (b) as the case requires.

Any party aggrieved by this decision is entitled at any time within one calendar month after the receipt of this notice, to appeal against the decision to a Court of Summary Jurisdiction (Court of Petty Sessions).

Returning Officer for the Electoral Division (District) of—

Dated the                          day of                          19        .

Note.If the elector is enrolled for the Commonwealth only, the words “and House of Assembly,” together with the word “District” wherever they appear, should be struck out. If he is enrolled for the House of Assembly only, the words “Commonwealth and,” together with the word “Division” wherever they appear, should be struck out.

Electoral Appeals.

Com. s. 73.

Tas. s. 48.

21. (I.) An application under Section 73 of the Commonwealth Electoral Acts 1902–1905 and Section 48 of the Electoral Act 1907 of the State of Tasmania, or either, as the case requires, to a Court of Summary jurisdiction (Court of Petty Sessions), may be made at any time within one calendar month after the receipt of notice of the rejection of a claim for enrolment (Regulation 9), or of notice of the determination of an objection (Regulation 20), and may be made, in writing, in the form of a complaint setting out the material facts, and asking that the Returning Officer be summoned to answer the complaint.


(II.) Upon the complaint being lodged with him, the Clerk of the Court shall issue a summons to the Returning Officer to appear before the Court at a time and place mentioned in the summons to answer the complaint, and produce all papers connected with the application or objection as the case requires.

(III.) The Returning Officer may by himself, or some person appointed to represent him, appear at the hearing, and produce to the Court all papers connected with the application, but, if he does not desire to be present, he may send the papers to the Clerk, to be produced at the hearing, together with a statement, in writing, containing such observations as he sees fit to make, and the statement shall be considered by the Court at the hearing.

(IV.) The Returning Officer, or person representing him, shall, if present at the hearing, be entitled to be heard.

(V.) In this regulation “complaint” shall include any appropriate proceeding for the institution of a proceeding in a Court of Summary Jurisdiction (Court of Petty Sessions).

Certain Regulations not to apply.

22. Regulations 1 to 16 of the Regulations under the Commonwealth Electoral Acts 1902–1905 (Statutory Rules 1909, No. 18) shall not apply in relation to any joint Roll to which these Regulations apply.

 

Printed and Published for the Government of the Commonwealth of Australia by J. Kemp, Government Printer for the State of Victoria.